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COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT 27
27. After section 203 of the Principal Act the following sections are inserted
in Part X: Retention of records and declarations in relation to copies made by
libraries, archives or institutions
"203A. (1) Where, at any time before the expiration of the prescribed
retention period after the making of a copy of the whole or a part of a work
in reliance on section 49, 50 or 51A by an authorized officer of a library or
archives, a relevant declaration in relation to the making of the copy is not
retained in the records of the library or archives-
(a) the body administering the library or archives concerned; and
(b) the officer in charge of the library or archives concerned, are each
guilty of an offence punishable, upon conviction, by a fine not
exceeding $500.
"(2) Subject to sub-section (3), where, at any time before the expiration of
the prescribed retention period after-
(a) the making of a copy of the whole or a part of the work in reliance on
section 53B by or on behalf of the body administering an educational
institution; or
(b) the making of a handicapped reader's copy of the whole or a part of a
work in reliance on section 53D by or on behalf of the body
administering an institution assisting handicapped readers, a relevant
record in relation to the making of the copy is not retained in the
records of the institution concerned-
(c) the body administering the institution concerned; and
(d) the custodian in charge of the copying records of the institution
concerned, are each guilty of an offence punishable, upon conviction,
by a fine not exceeding $500.
"(3) Sub-section (2) does not apply to a relevant record relating to the
making of a copy of the whole or a part of a work by or on behalf of the body
administering an institution at any time while-
(a) the record is being conveyed from the institution to a central records
authority of the institution for deposit with that authority;
(b) the record is deposited with a central records authority of the
institution; or
(c) the record is being conveyed from a central records authority of the
institution to the institution or to another central records authority
of the institution.
"(4) A body or person is not liable to be convicted twice of an offence
against sub-section (1) with respect to the retention of the same declaration
or against sub-section (2) with respect to the retention of the same record.
"(5) It is a defence to a prosecution of the officer in charge of a library or
archives for an offence against sub-section (1) in relation to the retention
of a declaration or to a prosecution of the officer in charge of the copying
records of an institution for an offence against sub-section (2) in relation
to the retention of a record if the person prosecuted (in this sub-section
referred to as the 'defendant')-
(a) satisfies the court that the record or declaration relates to the
making of a copy of a work or a part of a work before the date upon
which the defendant became the officer in charge of the library or
archives or the custodian in charge of the copying records of the
institution and was not in the possession of the body administering
the library or archives, or the institution, as the case requires, at
that date; or
(b) satisfies the court that-
(i) the contravention was due to the act or default of another
person or to some other circumstance beyond the control of the
defendant; and
(ii) he took all reasonable precautions and exercised due diligence
to avoid the contravention. Certain institutions may elect to
deposit copying records with central records authorities
"203B. (1) The body administering an educational institution may, by
instrument in writing furnished to the Attorney-General, elect to deposit the
records of the institution relating to any copying done in reliance on section
53B and the records of the institution relating to any copying done in
reliance on section 53D with the central records authority specified in the
notice and, upon the making of that election, the central records authority so
specified becomes, for the purposes of this Act, the central records authority
of the institution.
"(2) The body administering an institution assisting handicapped readers (not
being an institution that is also an educational institution) may, by
instrument in writing furnished to the Attorney-General, elect to deposit the
records of the institution relating to copying done in reliance on section 53D
with the central records authority specified in the notice and, upon the
making of that election, the central records authority so specified becomes,
for the purposes of this Act, the central records authority of the
institution.
"(3) An election by the body administering an institution referred to in
sub-section (1) or (2) to deposit records of the institution with a central
records authority is of no effect unless the central records authority in
respect of which the election is made is a body corporate, or, if it is not a
body corporate, is administered by the body making the election.
"(4) Where the body administering an institution is the Crown in right of the
Commonwealth or of a State, an election under sub-section (1) or (2) may be
signed on behalf of the Crown by the Minister of the Commonwealth or of the
State responsible for the institution, or by a person authorized by that
Minister to sign elections under this section.
"(5) Where the body administering an institution makes an election under
sub-section (1) or (2) to deposit the records of the institution relating to
copying done under section 53B or 53D with a central records authority-
(a) the custodian in charge of the copying records of the institution
shall-
(i) cause any such copying records that were in the possession of
the institution or of another central records authority
immediately before the election is made to be deposited with
the officer in charge of the first-mentioned central records
authority as soon as practicable after the election is made;
and
(ii) cause the relevant record in respect of each copy of a work or
a part of a work made by or on behalf of that body after the
election is made to be deposited with the first-mentioned
central records authority as soon as practicable after the
making of the copy and before the expiration of the period
prescribed for the purposes of this sub-section after the
making of the copy; and
(b) the body administering the institution shall-
(i) if there were relevant records of the institution in existence
immediately before the election is made-as soon as practicable
after paragraph (a) has been complied with in respect of those
records; or
(ii) in any other case-as soon as practicable after the election is
made, cause a copy of the election to be published in the
Gazette.
"(6) If the custodian in charge of the copying records of an institution fails
to comply with sub-section (5) in relation to a relevant record of a copying
made in reliance on section 53B or 53D after the making of the election, the
custodian and the body administering the institution are each guilty of an
offence against this sub-section punishable, upon conviction, by a fine not
exceeding $500.
"(7) Where a central records authority is the central records authority of an
institution, an election by the body administering the institution to deposit
the relevant records of the institution relating to copying done in reliance
on section 53B or 53D with another central records authority is of no effect
unless -
(a) the body administering the institution has delivered to the body
administering the first-mentioned central records authority a notice
under sub-section 203G (1) revoking the election made by it in respect
of that central records authority;
(b) the body administering the first-mentioned central records authority
has delivered to the body administering the institution a notice under
sub-section 203G (2) of its intention to return the copying records of
that institution to that institution; or
(c) the Attorney-General has delivered to the body administering the
institution a copy of a notice under sub-section 203G (6) requiring
the return to that institution of the copying records of that
institution. Retention of copying records by central records
authorities
"203C. (1) Subject to sub-section (2), where, at any time after the relevant
record of an institution in respect of the making of a copy (including a
handicapped reader's copy) of the whole or a part of a work in reliance on
section 53B or 53D has been deposited with a central records authority of the
institution under section 203B or 203G but before the expiration of the
prescribed retention period after the making of that copy, that record is not
in the possession of the central records authority-
(a) the body administering the central records authority; and
(b) the officer in charge of the central records authority, are each
guilty of an offence punishable, upon conviction, by a fine not
exceeding $500.
"(2) Sub-section (1) does not apply in relation to the retention, by a central
records authority, of a relevant record relating to the making of a copy of
the whole or a part of a work by or on behalf of the body administering an
institution if the relevant record has been forwarded by the central records
authority to that institution or to another central records authority in
pursuance of sub-section 203G (5) or (9).
"(3) A body or person is not liable to be convicted twice of an offence
against sub-section (1) with respect to the retention of the same record.
"(4) It is a defence to a prosecution of the officer in charge of a central
records authority (in this sub-section referred to as the 'defendant') for an
offence against sub-section (1) in relation to the retention of a record
deposited with the authority if the defendant-
(a) satisfies the court that the record was so deposited before the
defendant became the officer in charge of the authority and was not in
the possession of the authority at the time the defendant became the
officer in charge of the authority; or
(b) satisfies the court that-
(i) the contravention was due to the act or default of another
person or to some other circumstance beyond the control of the
defendant; and
(ii) he took all reasonable precautions and exercised due diligence
to avoid the contravention. Arrangement of declarations and
records
"203D. (1) Where the declarations that relate to the making of copies of the
whole or parts of works by an authorized officer of a library or archives in
reliance on any of the following sections, namely, sections 49, 50 and 51A,
and that are retained in the records of the body administering the library or
archives are not arranged in chronological order according to the dates on
which the declarations were made-
(a) the body administering the library or archives, as the case may be;
and
(b) the officer in charge of the library or archives, as the case may be,
are each guilty of an offence punishable, upon conviction, by a fine
not exceeding $500.
"(2) Where the copying records of an educational institution, or an
institution assisting handicapped readers, are not arranged in such a manner
as to allow a person to inspect all of those records that relate to works by
the same author without having to inspect any such records that relate to
works by another author, the body administering the institution and the
custodian in charge of the copying records of the institution are each guilty
of an offence punishable, upon conviction, by a fine not exceeding $500.
"(3) Sub-section (2) does not apply to or in relation to an institution that
is required by this Act to deposit the copying records of the institution with
a central records authority.
"(4) Where the copying records of an educational institution, or of an
institution assisting handicapped readers, that are deposited with a central
records authority are not arranged in such a manner as to allow a person to
inspect all the records of that institution that relate to works by the same
author without having to inspect any records of that institution that relate
to works by another author, or any copying records of another institution that
are deposited with that authority, the body administering the central records
authority and the officer in charge of the central records authority are each
guilty of an offence, punishable, upon conviction, by a fine not exceeding
$500. Inspection of records and declarations retained by libraries, archives
or institutions
"203E. (1) The owner of the copyright in a work, or the agent of such an
owner-
(a) may notify the officer in charge of a library or archives, in writing,
that he wishes to inspect-
(i) all the relevant declarations retained in the records of the
library or archives that relate to the making, in reliance on
section 49, 50 or 51A, of copies of works or parts of works; or
(ii) such of those declarations as relate to the making, in reliance
on section 49, 50 or 51A, of copies of works or parts of works
and were made during a period specified in the notice, on a day
specified in the notice, being an ordinary working day of the
library, archives or institution not less than 7 days after the
date of the giving of the notice; and
(b) may, if the notice related to the making of copies of works or parts
of works in reliance on section 51A, state in the notice that he also
wishes to inspect, on the day so specified, the collection of the
library or archives.
"(2) The owner of the copyright in a work, or the agent of such an owner, may
notify the custodian in charge of the copying records of an educational
institution or an institution assisting handicapped readers (not being an
institution which deposits its copying records with a central records
authority), in writing, that he wishes to inspect-
(a) all the relevant records of the institution that relate to the making,
in reliance on section 53B or 53D, of copies, or handicapped readers'
copies, of works or parts of works; or
(b) such of those records as relate to the works of a specified author, on
a day specified in the notice, being an ordinary working day of the
institution not less than 7 days after the date of the giving of the
notice.
"(3) The owner of the copyright in a work, or the agent of such an owner, may
notify the officer in charge of a central records authority, in writing, that
on a day specified in the notice, being an ordinary working day of the
authority not less than 7 working days after the date of the giving of the
notice, he wishes to inspect-
(a) all the relevant records of all institutions of which the authority is
the central records authority, or all the relevant records of a
specified institution of which the authority is the central records
authority, that are deposited with the authority and relate to the
making, in reliance on section 53B or 53D, of copies, or handicapped
readers' copies, of works or parts of works; or
(b) such of the records of all institutions of which the authority is the
central records authority, or such of the records of a specified
institution of which the authority is the central records authority,
as are deposited with the authority and relate to the works of a
specified author.
"(4) Where a person gives notice, under sub-section (1), to the officer in
charge of a library or archives that he wishes to inspect certain declarations
on a particular day, that person may, during the ordinary working hours of the
library or archives, on that day, but not earlier than 10 a.m. or later than 3
p.m., inspect the declarations to which the notice relates and, where the
notice relates also to the inspection of the collection of the library or
archives, may also during those hours on that day inspect that collection,
and, for that purpose, may enter the premises of the library or archives.
"(5) Where a person gives notice under sub-section (2) or (3) to the custodian
in charge of the copying records of an institution or to the officer in charge
of a central records authority that he wishes to inspect certain records on a
particular day that person may, during the ordinary working hours of the
institution or authority on that day, but not earlier than 10 a.m. or later
than 3 p.m., inspect the records to which the notice relates and, for that
purpose, may enter the premises of the institution at which the copying
records of the institution are kept or the premises of the authority, as the
case requires.
"(6) Where a person who attends at the premises of a library or archives for
the purpose of exercising the powers conferred on him by sub-section (4) is
not provided with all reasonable facilities and assistance for the effective
exercise of those powers-
(a) the body administering the library or archives, as the case may be;
and
(b) the officer in charge of the library or archives, as the case may be,
are each guilty of an offence punishable, upon conviction, by a fine
not exceeding $500.
"(7) Where a person who attends at the premises of an educational institution,
an institution assisting handicapped readers or a central records authority
for the purpose of exercising the powers conferred on him by sub- section (5)
is not provided with all reasonable facilities and assistance for the
effective exercise of those powers-
(a) the body administering the institution or central records authority,
as the case may be; and
(b) the custodian in charge of the copying records of the institution or
the officer in charge of the central records authority, as the case
may be, are each guilty of an offence, punishable, upon conviction, by
a fine not exceeding $500. Additional offences in relation to the
making and retention of records and declarations
"203F. (1) A person shall not, under section 49, 50, 51A, 53B or 53D, make a
declaration or record that is false or misleading in a material particular.
Penalty: $500.
"(2) A person shall not wilfully dispose of or destroy, or cause to be
disposed of or destroyed, any relevant declaration or record in relation to
the making of a copy of the whole or a part of a work in reliance on section
49, 50, 51A or 53B or in relation to the making of a handicapped reader's copy
of the whole or a part of a work in reliance on section 53D unless the
prescribed retention period in respect of the declaration or record has
expired.
Penalty: $500.
"(3) Where the body administering a central records authority fails to publish
in the Gazette a copy of an election made by it under section 203B in
accordance with the requirements of sub-section (5) of that section, the body
administering that central records authority is guilty of an offence,
punishable, upon conviction, by a fine not exceeding $500.
"(4) Where the body administering a central records authority causes a notice
to be published in the Gazette under sub-section 203G (9) that is false or
misleading in a material particular, the body administering that central
records authority is guilty of an offence, punishable, upon conviction, by a
fine not exceeding $500. Return of copying records deposited with a central
records authority
"203G. (1) A body that has made an election under sub-section 203B (1) or (2)
to deposit its copying records with a central records authority may, at any
time, by notice in writing furnished to the body administering the central
records authority, revoke the election on a date specified in the notice,
being a date not less than 30 days after delivery of the notice to the body
administering the central records authority.
"(2) The body administering the central records authority of an institution
may, at any time, by notice in writing furnished to the body administering the
institution, inform the body administering the institution that as soon as
practicable after a date specified in the notice, being a date not less than
30 days after delivery of the notice to the body administering the
institution, it intends to cause the copying records of the institution
retained by the authority to be returned to the institution.
"(3) A body shall, as soon as practicable after it causes a notice to be
delivered to another body under sub-section (1) or (2), cause a copy of the
notice to be delivered to the Attorney-General.
Penalty: $500.
"(4) Where the body administering an institution is the Crown in right of the
Commonwealth or of a State, a notice under sub-section (1) or (2) may be
signed on behalf of the Crown by the Minister of the Commonwealth or of the
State responsible for the institution, or by a person authorized by that
Minister to sign elections under this section.
"(5) Where-
(a) the body administering an institution, by notice in writing furnished
to the body administering a central records authority, revokes an
election made under section 203B in relation to that central records
authority; or
(b) the body administering a central records authority of an institution,
by notice in writing furnished to the body administering the
institution, informs the body administering the institution that it
intends to cause the copying record of the institution deposited with
the authority to be returned to the institution, the body
administering the central records authority shall, as soon as
practicable after the revocation of the election under sub-section (1)
or the date specified in the notice given under sub-section (2), cause
the copying records of the institution deposited with it-
(c) unless paragraph (b) applies-to be returned to the custodian in charge
of the copying records of the institution; or
(d) if the body administering the institution informs the body
administering the central records authority, by notice in writing,
that it has made an election to deposit the copying records of the
institution with another central records authority-to be forwarded to
the officer in charge of that other central records authority.
Penalty: $500.
"(6) If, at any time, the Attorney-General is satisfied that a central records
authority is not being administered in a manner consistent with the
requirements of this Act, the Attorney-General may, by notice in writing
furnished to the body administering the central records authority, require the
body to cause the copying records of each institution of which it is the
central records authority to be returned to the custodian of the copying
records of that institution on or before a date specified in the notice.
"(7) Application may be made to the Administrative Appeals Tribunal for the
review of a decision by the Attorney-General, under sub-section (6), to
require the body administering a central records authority to cause the
copying records of each institution of which it is the central records
authority to be returned to the custodian of the copying records of that
institution.
"(8) As soon as practicable after a notice is delivered to the body
administering a central records authority under sub-section (6), the
Attorney-General shall cause a copy of the notice to be delivered to the body
administering each institution of which the authority is the central records
authority.
"(9) The body administering a central records authority shall-
(a) as soon as practicable after receipt of a notice under sub-section
(6), cause the copying records of each institution deposited with it-
(i) unless sub-paragraph (ii) applies-to be returned to the
custodian in charge of the copying records of the institution,
or, if the institution is no longer in existence, to be
deposited with such person or body as is nominated by the
Attorney-General; or
(ii) if the body administering the institution informs the body
administering the central records authority, by notice in
writing, that it has made an election to deposit the copying
records of the institution with another central records
authority-to be forwarded to the officer in charge of that
other central records authority; and
(b) as soon as practicable after it has complied with paragraph (a), cause
a notice to be published in the Gazette stating that it has complied
with that paragraph on a specified day and setting out the manner in
which it has complied with that paragraph.
Penalty: $500.
"(10) Upon the publication, by the body administering a central records
authority that is the central records authority of an institution, of a notice
of the kind referred to in paragraph (9) (b) in relation to the copying
records of that institution, that central records authority shall, by force of
this sub- section, be deemed to have ceased to be the central records
authority of that institution.
"(11) Where-
(a) the body administering an institution gives a notice under sub-section
(1) to the body administering a central records authority;
(b) the body administering an institution receives a notice under sub-
section (2) given by the body administering a central records
authority; or
(c) the body administering an institution receives a copy of a notice
furnished by the Attorney-General, under sub-section (6), to the body
administering the central records authority of that institution,
nothing in section 203B shall be taken to require the custodian in
charge of the copying records of the institution to deposit with that
central records authority any relevant records relating to copying
done by or on behalf of the body administering that institution.
"(12) Where-
(a) under sub-section (9), the Attorney-General causes the copying records
of an institution that is no longer in existence to be deposited with
such person or body as is nominated by the Attorney-General for the
purpose; and
(b) a relevant record that is so deposited ceases to be in the possession
of that person or body at any time before the expiration of the
prescribed retention period after the making of the copy to which the
record relates, the person or body is guilty of an offence,
punishable, upon conviction, by a fine not exceeding $500.
"(13) It is a defence to a prosecution of a person or body (in this
sub-section referred to as the 'defendant') for a contravention of sub-section
(12) if the defendant satisfies the court that-
(a) the contravention was due to the act or default of a person other than
the defendant or to some other circumstance beyond the control of the
defendant; and
(b) the defendant took all reasonable precautions and exercised due
diligence to avoid the contravention. Notation of copies and
handicapped readers' copies
"203H. (1) In proceedings against a person or body for infringement of
copyright in a work in connection with the making, by or on behalf of an
institution, of a copy of the whole or a part of that work, the person or body
is not entitled to rely on section 49, 50, 51A or 53B as justification for the
making of that copy unless, at or about the time the copy was made, there was
made on the copy a notation stating that the copy was made on behalf of that
institution and the date on which it was made.
"(2) In proceedings against a person or body for infringement of copyright in
a work in connection with the making, on behalf of an institution assisting
handicapped readers, of a handicapped reader's copy of the whole or a part of
that work, being a Braille, large-print or photographic version of the whole
or a part of that work, the person or body is not entitled to rely on section
53D as justification for the making of that handicapped reader's copy unless,
at or about the time the copy was made, there was made on the copy a notation
stating that the copy was made on behalf of that institution and the date on
which it was made.
"(3) In proceedings against a person or body for infringement of copyright in
a work in connection with the making, on behalf of an institution assisting
handicapped readers, of a handicapped reader's copy of the whole or of a part
of that work, being a copy consisting of a record embodying a sound recording
of that work or of a part of that work, the person or body is not entitled to
rely on section 53D unless, at the time the record was made, there was
embodied on the record, immediately before the commencement of that sound
recording, a sound recording of the following message:
'This record, embodying a sound recording of (name of work) was made in
reliance on section 53D of the Copyright Act 1968 on (date on which record
made) by (name of person who made the record) on behalf of (name of
institution assisting handicapped readers on behalf of which the record was
made). Copyright may subsist in that work and, if it does, the making of a
record embodying this sound recording, otherwise than with the permission of
the owner of the copyright in the work or in reliance on a provision of the
Copyright Act 1968, constitutes an infringement of copyright in the work.'.
"(4) A person shall not-
(a) make, on a copy of the whole or a part of a work, a notation referred
to in sub-section (1) or (2) that contains a statement that is false
or misleading in a material particular; or
(b) cause to be embodied on a record embodying a sound recording a message
referred to in sub-section (3) that contains a statement that is false
or misleading in a material particular.
Penalty: $500.
"(5) For the purposes of sub-sections (1), (2) and (3)-
(a) where a copy of the whole or a part of the work is made by an
authorized officer of a library of an institution, the copy shall be
deemed to have been made on behalf of the institution;
(b) where a copy of the whole or a part of a work is made by an authorized
officer of a library that is not a library of an institution-
(i) the copy shall be deemed to have been made on behalf of the
person or body administering the library; and
(ii) those sub-sections apply as if references in those sub-sections
to an institution included references to that person or body;
and
(c) where a copy of the whole or a part of the work is made by or on
behalf of the body administering an institution, the copy shall be
deemed to have been made on behalf of the institution.
"(6) The production, in any proceedings-
(a) for infringement of copyright in a work;
(b) before the Copyright Tribunal on application made under sub-section
53B (11) or 53D (10); or
(c) for a contravention of a provision of this Act, of a copy of the whole
or a part of a work (including a Braille, large-print or photographic
version, of the whole or of a part of the work) bearing a notation of
the kind referred to in sub-section (1) or (2), whichever is
applicable, is prima facie evidence of the matters stated in the
notation.
"(7) For the purposes of sub-section (6), where a copy of the whole or a part
of a work bears a notation of a kind referred to in sub-section (1) or (2),
whichever is applicable, the notation shall, unless the contrary is proved, be
deemed to have been made on the copy at or about the time the copy was made.
"(8) The production, in any proceedings of a kind referred to in sub-section
(6), of a record embodying a sound recording of the whole or a part of a work,
being a record that also embodies a sound recording of a message of the kind
referred to in sub-section (3), is prima facie evidence of the matters stated
in the message.
"(9) For the purposes of sub-section (8), where a record embodying a sound
recording of the whole or a part of a work also embodies a sound recording of
a message of the kind referred to in sub-section (3), the message shall,
unless the contrary is proved, be deemed to have been embodied on the record
at the time the record was made.".
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